Security Law now in force

 Illegal immigration now an offence. Fine ranges from 5,000 to 10,000 Euros

10th August 2009: On 8th August 2009, the Security Law became effective. This new law introduces some of the toughest rules affecting immigrants in the country.

One of the harshest norms introduced by this law is the offence of illegal immigration.

It is now an offence to enter and stay illegally in the Italian territory. The police can now arrest and charge anyone who is in the country illegally. Those found guilty will not be punished by a prison sentence but by a fine ranging from 5,000 to 10,000 Euros, and expulsion.

The Security Law has also simplified the process of expelling illegal immigrants. They can now be accompanied to the border even before the Judge confirms the arrest.

The new also prolongs from two to six months, the period of detaining illegal immigrants in identification and expulsion centres. The Justice of Peace can authorise further detention of immigrants who don’t collaborate with authorities in revealing their identity. It is also now possible to detain illegal immigrants for a longer period as authorities wait for necessary documents for expulsion.

As a way of making life impossible for illegal immigrants, under the new law, anyone who makes unjust profit by renting out an apartment to an illegal immigrant risks a prison sentence ranging from six months to three years. This will only be applied if the immigrant doesn’t have the Permit of Stay at the time of signing or renewing the rent contract. The apartment will also be confiscated and become a property of the State. The apartment will be auctioned and the money used to finance activities aimed at fighting against illegal immigration.

Now, turning to legal immigrants, in order to obtain the Permit of Stay (apart from the Permit of Stay for asylum), foreigners will have to pay a fee ranging between 80 and 200 Euros. They’ll also have to undersign the so-called integration agreement (accordo di integrazione) which introduces the Point based Permit of Stay. Points will be allocated to each Permit of Stay, which will either increase or decrease depending on the holder’s behaviour. Those who lose all the points will be expelled. This agreement obliges foreigners to respect Italian Constitution, and participate in the economic, social and cultural life of the country.

The new law introduces a 200 Euro tax for applying for Italian citizenship. Half of this money will go to the Immigrations Department at the Ministry of Home Affairs while the other half will finance Italy’s international cooperation programmes.

As a way of fighting marriages of convenience, the Security Law increases from six months to two years (three years for those living abroad) the time after which foreigners married to Italian citizens can apply for citizenship. This will be reduced by half if the couple has children (natural or adopted).

Foreigners applying for the Permanent Resident Permit (Carta di soggiorno) will be expected to pass Italian language test.

It is now obligatory for foreigners to present the Permit of Stay in order to have access to all necessary services, including public services. This means that you should always carry along your permit.

The Money Transfer operators are also obliged to make a photocopy of the Permit of Stay of those who make any transactions. It is important to note that one can make transactions even without the Permit of Stay, but be informed that Money Transfer operators will forward to the police, the personal data of immigrants who make transactions without the Permit of Stay. Money Transfer operators who fail to do this will lose their licence.

The new law makes it obligatory for foreigners who want to marry in Italy to show they have the Permit of Stay. This means that illegal immigrants will not be allowed to marry in the country.